Aung

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 STEVE WILHELM, No. 2:22-cv-1026-EFB (PC) Plaintiff, v. ORDER SANDAR AUNG, Defendant. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He alleges that a physician at Mule Creek State Prison was deliberately indifferent to his medical needs in violation of the Eighth Amendment. ECF No. 1. Plaintiff concedes that he did not exhaust his administrative remedies. Id. at 3. Therefore, plaintiff will be required to show cause why this case should not be dismissed, without prejudice, for failure to exhaust administrative remedies prior to filing suit. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (prisoner’s concession to nonexhaustion is valid ground for dismissal of an action, so long as no exception applies), overruled on other grounds by Albino v. Baca, 747 F.3d 1162 (9th Cir. 2014) (en banc). Because plaintiff is a prisoner suing over the…